Evidentiary Authentication Mechanics for Foreign Prior Art under Chinese Patent Law
Foreign prior art in Chinese invalidations requires statutory apostille authentication for non-patent materials and certified Chinese translations.
Article 66 Patent Regulations
Meaning
A procedural mechanism under the Implementing Regulations of the Patent Law of the People’s Republic of China enables parties to request a patent evaluation report for utility models or designs. According to article 66 patent regulations, the patentee, any interested party, or an alleged infringer can apply to the National Intellectual Property Administration for this document.
Evidentiary Value
The evaluation report serves as preliminary evidence for courts and administrative authorities during infringement disputes. Because utility models and design patents do not undergo substantive examination before registration, this report provides an analysis of the patentability of the design or utility model. It helps the court decide whether to suspend the lawsuit, as an unfavorable report often leads to a suspension of the proceedings.
Procedural Execution
Applying for the report requires submitting a formal request along with the prescribed fees. The intellectual property office must then compile the evaluation within two months of receiving the completed application. This report is not an administrative decision, meaning it cannot be appealed directly, but its findings hold substantial weight during judicial trials.
Strategic Advantage
Foreign companies operating in the region utilize this provision to assess the strength of their intellectual property portfolios before launching formal litigation. By obtaining a positive evaluation, a plaintiff can secure faster injunctions against local copiers. Conversely, an early request by a defendant can expose a weak patent, forcing a settlement or a withdrawal of the claim before litigation costs accumulate.
This creates an objective benchmark that reduces the financial risks associated with enforcement actions in local courts.